County balks at court plan

Judges' mandate could force compliance with request for more space, security.

Judges' mandate could force compliance with request for more space, security.

May 25, 2006|JAMES WENSITS Tribune Political Writer

SOUTH BEND -- The St. Joseph County Commissioners said Wednesday they can't afford to accommodate the push by county judges for a new criminal courts building. The commissioners also indicated they are aware that saying "no" may not be an option should the judges decide to utilize their power to mandate their request for a new, free-standing criminal courts building that would be located near the new county jail south of the downtown area. As proposed, the new building would house the criminal courts plus related functions that could include the probation department and possibly some county prosecutor operations. The present courthouse would continue to be used for civil cases. Circuit Court Judge Michael Gotsch estimated Wednesday the new building would cost between $23 million and $28 million. According to Gotsch, caseload figures compiled by the state Supreme Court, as well as cases that can be anticipated based on county population, indicate the need for four to eight new judges or magistrates for St. Joseph County. The county currently has 10 judges and six magistrates. Given present space limitations, Gotsch said, there is nowhere to put the new judges should the legislature authorize them. Although the commissioners often disagree with each other, their responses indicated a unity of thought on the judges' proposal. "We are studying the matter, but at the present time we can't financially justify it," said Commissioner Steve Ross, D-District 2. "The county doesn't have $25 million to spend right now," said Commissioner Mark Dobson, R-District 1. "We don't have the funds to do so," said Commissioner Cindy Bodle, D-District 3. All three commissioners cited legal concerns when explaining that they were reluctant to discuss the issue. Dobson said he didn't want to comment because he doesn't want to open the door to a possible mandate from the judges. Bodle said she, too, is concerned about the possibility of a mandate. Ross agreed, and said a resolution sent by the judges to the commissioners last month could be interpreted as a "pre-mandate" letter. State law gives judges broad power to "mandate" or order what they need to do their job of conducting criminal and civil proceedings. That the commissioners might be facing such a battle was in the subtext of the resolution. It said: "We have thoroughly researched the problems attendant to the present facilities. The time for discussion has passed and the time for action has arrived. Please place these courthouse needs at the top of your agenda for 2006." "I don't want to comment on that," Gotsch said when asked if the judges were contemplating a mandate. "At some point in time the needs will be so great that the judges will not be able to ignore these problems any longer," Gotsch said. "We are not there, yet." The Circuit Court judge conceded, however, that the resolution places the judges in a position to mandate "at a later time." Gotsch said construction of a criminal courts building would solve existing security issues in the courthouse. The new plan is an outgrowth of an earlier proposal that called for constructing four new courtrooms in the former county jail, also at a projected cost of $25 million. That plan was rejected by the commissioners because of its cost. They have generally supported a current, $5 million proposal to build two courtrooms on the first floor of the former jail and convert the rest of that facility to office space. Gotsch said that renovating the former jail would be a short-term fix that could allow the courts to "hang on" for three or four years, but would not remove the need to build a separate criminal courts facility. For now, the judge said, county officials need to begin setting money aside in the 2007 county budget so that the county can begin the court project within three to four years. Staff writer James Wensits: jwensits@sbtinfo.com (574) 235-6353